Montana Teachers, Parents File School Aid Lawsuit

Montana's teachers' union has joined 11 school districts and a group
of parents in a lawsuit against the state, saying it doesn't spend
enough on schools for students to receive the high-quality education
guaranteed by the state constitution.

"We'd like the court to agree with us that the legislature has a
constitutional obligation to provide for a quality education," said
Eric Feaver, the president of the Montana Education Association-Montana
Federation of Teachers, an affiliate of both the National Education
Association and the American Federation of Teachers. "Right now,
programs are being cut, schools are being closed, and teachers are
being lost because we don't have enough money. It appears that money is
being denied us by the state."

Along with the teachers' union and seven parents, the elementary and
high school districts of East Helena, Helena, Billings, White Sulphur
Springs, and Troy are plaintiffs in the lawsuit, which was filed Sept.
3.

Montana Attorney General Mike McGrath will defend the state in the
lawsuit, but currently has no comment on its substance, said Lynn
Solomon, a public-information officer for Mr. McGrath. She noted that
the state is required to file a response to the lawsuit by
mid-October.

This lawsuit isn't the first concerning school financing in the
state. In 1987, long before the 2000 merger between the MEA and AFT,
the MEA sued the state, arguing that schools weren't financed
equitably. The Montana Supreme Court, in a 1989 ruling, told the
legislature to fix the problem. One way lawmakers attempted to do so
was to set limits for the maximum amount of money wealthier districts
could spend on schooling.

The current lawsuit charges that the legislature's remedies have not
addressed "the fundamental and structural deficiencies that continue to
exist in Montana's school funding system."

Last year, two Montana school board members sued the state over its
school finance system. They charged that Montana's system of requiring
taxpayers in some communities to pay more for schooling than others did
was unfair. ("Lawsuit
Claims Montana School Finance System Is Unfair," June 13, 2001.) A
Montana district court dismissed the case, but the two trustees who had
filed it—Conrad F. Stroebe, a trustee for the Billings school
district, and his wife Teresa M. Stroebe, a trustee for the Lockwood
School District 26—are appealing the dismissal.

Budget Cutbacks

The current school funding suit has been filed at a time when the
state is cutting back spending on K-12 education because of declining
revenues.

The legislature met last month in a special session to trim the
budget. Before the session began, Gov. Judy Martz, a Republican, asked
legislators to cut the $503 million K-12 budget for fiscal 2003 by $11
million. In the end, the legislature cut it by $5.7 million.

Those cuts were mostly in school technology and construction,
according to Joe Lamson, the legislative director for the Montana
Office of Public Instruction.

Still, schools are slated to receive $14 million less in fiscal 2003
than the previous year because student enrollment has dropped, Mr.
Lamson added.

The decline in aid is making it difficult for schools to do their
job, said Gene R. Jerussi, a Billings school board member.

Montana's K- 12 public school enrollment dropped by 10,000
students—to 152,000—between the fall of 1997 and the fall
of 2000, according to federal data.

"Billings joined in [the lawsuit] because we find ourselves
continually in a bad spot when it comes to providing our 15,000-plus
students with a quality education," Mr. Jerussi said. "What should the
state's role be in financing education? If the state is doing its share
under the Montana Constitution, we need to know that.

"If it's not," he continued, "we need to know that, and the state
can respond accordingly and step up to the plate."

The lawsuit charges that the state pays for K-12 education based on
how much money it deems is available during each biennium, rather than
based on a determination of how much it costs to provide that
education. It argues that the practice violates a mandate of the state
constitution that "the legislature shall provide a basic system of free
quality public elementary and secondary schools."

Rep. Gay Ann Masolo, a Republican who heads the House education
committee, is not pleased that educators have resorted to a lawsuit as
a means of trying to solve the school funding problems.

"I'm disappointed they're doing a lawsuit because that money is lost
to education," she said. "That money is spent on lawyers."

Legislators, she said, are aware that the state's system of basing
school funding on student enrollment is not working and are studying
the problem. They expect to offer proposals on how to fix the problem
in the legislative session that begins in January.

Montana's income, which comes primarily from mining, timber, and
agriculture, has dropped dramatically in recent years. At the same
time, Montanans don't want to have their taxes raised, Ms. Masolo
added.

"We do have a problem," she said, "but I don't think we're the only
state with a problem."

Notice: We recently upgraded our comments. (Learn more here.) If you are logged in as a subscriber or registered user and already have a Display Name on edweek.org, you can post comments. If you do not already have a Display Name, please create one here.

Ground Rules for Posting
We encourage lively debate, but please be respectful of others. Profanity and personal attacks are prohibited. By commenting, you are agreeing to abide by our user agreement.
All comments are public.